§ 51-24-05 — Remedies - Leases

North Dakota § 51-24-05

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-24: Assistive Technology Device Warranties

Text

1. If, after a reasonable attempt to repair by the commercial lessor or manufacturer, the
assistive technology device is not repaired, the warranty is considered breached.
2. If the warranty is breached, the consumer may return the assistive technology device
to the commercial lessor that leased the device and the consumer may choose to
either:

a. Receive a new replacement assistive technology device from the commercial
lessor; or
b. Receive a full refund from the commercial lessor of all moneys paid under the
lease, including all finance charges.
3. The following conditions apply to the remedies in this section:
a. The commercial lessor is allowed up to thirty days after return of the original
assistive technology device to provide to the consumer either a new replacement
assistive technology device or a full refund of all moneys paid under the lease,
including any finance charges.
b. If a new replacement assistive technology device is not provided or if a full refund
is not paid when the consumer returns the original assistive technology device,
the commercial lessor shall provide a loaner to the consumer to use until the
lessor has provided to the consumer a new replacement assistive technology
device or a full refund of all moneys paid under the lease, including any finance
charges.
c. The consumer may not recover transaction costs and the commercial lessor may
not recover for use of the assistive technology device before the return of the
device on a warranty claim.
d. The consumer may not be required to deal directly with any person other than the
commercial lessor that leased the assistive technology device. If agreeable, the
consumer may deal with the manufacturer or other prior parties in the leasing,
sales, or distribution chain. If the commercial lessor is no longer dealing in
assistive technology devices, the consumer may deal with the lessor's successor.
e. The costs of a new replacement assistive technology device, a full refund, and
any loaner are to be borne in the first instance by the commercial lessor. The
commercial lessor may have rights to reimbursement or compensation from the
manufacturer or other prior parties in the leasing, sales, or distribution chain.
Those rights of the commercial lessor are not affected by this chapter.